03-13-2002 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL MARCH 13, 2002 George LeTendre, attorney representing Mr. Pahnen, stated that he did not know when the property became tax exempt or what process was used to attain this designation. I=ahey asked if the property was already tax exempt when Mr. Palmen purchased it. Fahey felt that the City Attorney should research and comment on this issue. Fahey stated that he was not interested in taking tax exempt property that has been represented as a wildlife area and turning it into a developable piece of property. If the property has been represented as open space, then the City should take the appropriate steps uecessa~y to preserve the area. Fahey stated that the property owner would have to present compelling reasons for the development of this land, and if developed, Fahey felt all Code requirements would have to be complied with. Fahey felt it was not the obligation of the City Council to maximize the development potential of this land. Scalze asked if the entire parcel were tax exempt or only the wetland portion of the property. Allen replied that the entire parcel is tax exempt. Allen reported that this property has been classified as the highest category of wetlands. Fahey asked LeTendre if the property were tax exempt. LeTendre replied that he did not know, but would find out. LeTendre also pointed out that the Council has a copy of the wetland delineation for the property. He noted that a portion of the property is developable without the need for any variances. The Council also has a letter from the Watershed attesting to this fact. Fahey stated that he understands that there is a portion of the land that may be developable, and if that portion is not acquired by the City, Fahey felt it was not the City's responsibility to maximize the development of this land via variances, etc. Fahey stated that if the land is Cax exempt, it is his position that that would be the end of the discussion and he would vote to acquire the land. Fahey asked the time frame for the City Attorney and staff to research the tax exempt status of this land. The Attorney recommended that the matter be tabled for one month to give him au opportunity to complete his research. A member of the audience asked if the City would suspend any excavation of the land in the meantime. Fahey noted that no excavation or other permits have been issued for this property. It was also noted that Lot 1 of the Mid Oaks development is not tax exempt and is a buildable tot. A building permit would be needed to construct a home on the lot. However, that lot would have to be combined with the larger parcel for road access. Tom Hartigan presented a diagram showing the impact of the Williams Pipeline on this property. Based on the location of the pipeline as well as